St. Louis Transit Co. v. Thompson

Citations

• 137 F. 713
• 70 C.C.A. 405
• 1905 U.S. App. LEXIS 4190

Syllabus

<p>1. Street Railroads—Action' eor Injury oe Passenger—Instructions.</p> <p>In an action by a passenger against a street railroad company to recover for a personal injury, it appeared that, after stopping at the place where plaintiff intended to alight, pursuant to a signal from her companion, the ear started up before she got. off; that in response to a signal it again stopped, after moving about its length, with something of a jerk; that at that time plaintiff was standing on the platform or near the door, and was thrown down by the jerk and seriously injured. There was evidence' tending to show that plaintiff was still in her seat when the car started after the stop, and that she moved to the door afterward, while the car was in motion. Held, that it was error to refuse an instruction asked by defendant that if the jury found such to be the fact, and that the car had stopped at the crossing a reasonable length of time to allow passengers to alight, and the motorman exercised proper care under the circumstances in making the second stop, plaintiff could not recover, even though there was a jerk which caused plaintiff to fall.</p> <p>2. Same.</p> <p>Under such evidence, the jury should have been instructed that if the circumstances were such that the conductor, in the exercise of the utmost care, was authorized to call for the emergency stop, and if that stop was made with the utmost care there could be no recovery, and the failure to so instruct was error.</p>